In Attorney-General for the State of Queensland v Guy [2024] QSC 97, the Supreme Court of Queensland reviewed the continuing detention order of Edwin Arthur Guy under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The respondent, Guy, has been under a continuing detention order since 2017 due to his status as a serious danger to the community. The issue at hand was the annual review of this order, as mandated by s 27(2) of the DPSOA.
Despite the psychiatric evidence indicating that Guy's risk of recidivism should be moderate or below if placed under a supervision order with appropriate accommodation, no suitable facilities have been found. Both the Attorney-General and the psychiatric assessments affirm that due to Guy's age, physical frailty, and high care needs, he cannot be managed safely outside prison without the risk of reoffending. As a result, Judge Cooper affirmed the original decision, ruling that Guy continue to be subject to the continuing detention order given the lack of appropriate supervised accommodation to ensure community safety.